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Criminal Law / Civil Litigation

Updated 2026-04-09

Criminal Prosecution vs Civil Injunction for Harassment

Comparing the criminal and civil routes for dealing with harassment under the Protection from Harassment Act 1997.

Overview

The Protection from Harassment Act 1997 (PHA) created both criminal offences and a civil cause of action. This means harassment can be addressed through the criminal justice system (by reporting to the police) and/or through civil proceedings (by applying to the court for an injunction). The two routes are complementary but serve different immediate purposes: criminal proceedings punish the harasser; civil proceedings protect the victim.

Side-by-Side Comparison

Criminal Prosecution (PHA 1997, ss.1–4)

Cost: Free (to the victim)

Time: Months to over a year for a contested trial

Pros

The state bears the burden of prosecution — no cost to the victim
Criminal sanctions: imprisonment, community orders, fines
A Restraining Order (s.5 PHA) can be imposed on conviction — breach is a criminal offence
Conviction creates a permanent criminal record

Cons

Police discretion — they may not investigate or charge
Crown Prosecution Service must be satisfied the public interest threshold is met
You have limited control over the process as a victim
Trials can take many months; acquittal is possible even with strong evidence

Best For

Serious and persistent harassment, stalking, threats of violence, or harassment with a hate crime element — where punishment and criminal sanction are the primary objectives.

Civil Injunction (PHA 1997, s.3)

Cost: Court fees from £308 (injunction application); legal costs if represented

Time: Emergency ex parte injunction: 24–48 hours. Full hearing: weeks to months.

Pros

You control the process — issue proceedings yourself (or via a solicitor)
Injunction can be obtained quickly, including without notice (ex parte) in urgent cases
Lower standard of proof (balance of probabilities vs beyond reasonable doubt)
Breach of the injunction is both a contempt of court (civil) and a criminal offence (s.3(6) PHA)

Cons

You bear the cost — court fees and legal costs
Risk of adverse costs order if the claim fails
Identifying and serving the harasser can be difficult in anonymous online cases
An injunction requires ongoing monitoring and enforcement

Best For

Cases where immediate protection is needed; cases where the police have declined to act; online harassment; workplace harassment; neighbour disputes.

Key Differences

AspectCriminal Prosecution (PHA 1997, ss.1–4)Civil Injunction (PHA 1997, s.3)

Who controls the casePolice and CPS — victim is a witnessThe claimant — you drive the case

Standard of proofBeyond reasonable doubt (criminal standard)Balance of probabilities (civil standard)

Speed of protectionSlow — police investigation and prosecution takes monthsFast — emergency injunction can be obtained within 24–48 hours

Cost to victimFreeCourt fees and legal costs

OutcomeCriminal conviction, restraining order, imprisonmentInjunction (breach is contempt and criminal), damages

EvidencePolice gather evidence; victim provides statementClaimant must present own evidence to the court

Our Recommendation

In serious cases, pursue both routes simultaneously: report to the police AND apply for a civil injunction. The civil injunction provides immediate protection; the criminal process provides long-term sanction. Contact the National Stalking Helpline (0808 802 0300) or a solicitor specialising in harassment for advice. Many solicitors will act on a CFA (no win no fee) basis for harassment injunctions.